Council votes no on nude
Tom Sharpe | The New Mexican
Posted: Wednesday, September 29, 2010
- 9/30/10
     
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Keep your pants on in public in Santa Fe, whether you're a man or woman. And if you're a woman, keep your shirt on, too, unless you're breast-feeding.

The Santa Fe City Council on Wednesday unanimously approved a rewrite of its indecency ordinance. The 6-0 vote came in the absence of Councilors Patti Bushee and Rosemary Romero, both of whom had raised questions about the need for a new law.

Councilor Rebecca Wurzburger also expressed concerns, but went along with the new ordinance after an amendment was added to clarify that it doesn't apply to breast-feeding.

Mayor David Coss and Councilors Matthew Ortiz, Ronald Trujillo and Carmichael Dominguez introduced the ordinance to prevent a repeat of an event last June that was part of the World Naked Bike Ride. The new law largely mirrors Albuquerque's ordinance, which had led protest organizers from Albuquerque to hold their event in Santa Fe.

On Wednesday, five members of the public spoke in favor of the change while seven spoke against replacing the existing ordinance, which only outlawed women from going topless in places where alcohol is served or if they were engaged in "lewd behavior."

The new law specifically bans men or women from exposing their buttocks or genitalia.

Artist Tamara Lichtenstein, who opposed the change, wore a two-piece bathing suit under a black robe and skeletal mask and briefly exposed her backside to the councilors, prompting some groans as well as laughter from onlookers.

Lichtenstein said that because her "normal bathing suit" exposed her hips, it might be considered illegal under the rewritten ordinance.

"The burden of living in a diverse democracy with freedom of expression and not in a theocracy is that we are practically guaranteed to be exposed to expressive speech and actions that we don't like, and even things that deeply offend us," she said. "If we all agree that no one was ever offended, we wouldn't need a First Amendment."

Gilbert Pino, a board member of the New Mexico Catholic Coalition, found nothing funny about the demonstration. "Some of the people in the audience believe it's a laughing matter," he said. "I don't. I'm very serious about it. ... All my life, Santa Fe has been the city of the holy faith. Of recent times, it's sad to say that were not the same city we were. We are the City Different, and I understand that we brought a lot of people in. ... It's sad for me to see what is happening."

Nicole DeJurenev called the move to restrict nudity "ridiculous" and suggested city councilors work instead on discouraging crime and improving education. "The human body is very beautiful," she said. "As long as it's not thrown into my face, I'm very happy to see it. I'm a little sorry I missed the buff-looking bicyclists that rode by, but maybe that's because I'm an old woman."

Miki Vasquez, however, said that more events like the naked bike ride might discourage tourism. "We would like Santa Fe to be known as a place where people who come for meetings can bring their families, a man can bring his wife and children can go down to the Plaza and expect to see people conventionally dressed," she said.

Stan Rosen questioned the provision that would ban even covered male genitals if in "a discernibly turgid state."

"How is something like that enforced?" he asked. "Are we going to have a special section of the Police Department that's going to be enforcing turgidity? Will there be rulers? Or will there be standards? I really think it pushes the limits of enforcement."

Barbara Yardman and Cecilia Rivera presented the council with a petition signed by 1,035 people supporting the change. Yardman said she believes Santa Fe needs "a strong law against the kind of disrespect that has been shown to the people of Santa Fe and its visitors."

Raymond Joggerst questioned whether the ordinance would apply to his 14-month-old daughter who "pulls up her shirt just because she thinks it's funny."

Marcos Martinez, the assistant city attorney who drafted the ordinance, said it does not designate an age at which someone is subject to the restrictions. He said the state Court of Appeals upheld the Albuquerque ordinance, finding that its provision banning toplessness for women, but not for men, did not discriminate against women. Two similar laws in Indiana and Pennsylvania have been upheld by the U.S. Supreme Court, he said.

Contact Tom Sharpe at 986-3080 or tsharpe@sfnewmexican.com.





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